Judgment P.N.Yadav, J. 1. In the rural Indian Society, the social evil popularly described as bride burning does not appear to have shown a descending graph. Despite legislative enactments providing for stringent penal provisions distressing and sordid tale of young married girls becoming victims of dowry death is continuing. Death of Meena Devi is one in the chain of married girls becoming victims of lust for money and other materialistic objects of their in-laws. 2. The deceased Meena Devi, daughter of the informant Anandi Prasad (PW 1) of Nawadah was in the year 1983 married to the appellant Shambhu Kumar @ Shambhu Sao, son of Ram Chandra Sao resident of Gumti Road, Warsaliganj. Her Gauna was performed one and a half years after her marriage. Thereafter, spouses started leading conjugal life. As ill-luck would have it, soon after arrival of the deceasd Meena Devi in her matrimonial home her in-laws started subjecting her to cruelty and harassment to pressurise her to fetch scooter, television and cash worth Rs. 25,000.00 as part of dowry from her parents. The deceased along with her husband. Shambhu Kumar visited her maternal house on 25.7.1988. Shambhu Kumar asked the informant to give him cash, television and scooter referred to above. He threatened him with dire consequences in case his demand was not fulfilled and supplied and he along with the deceased left for his village home after the informant expressed his inability to meet his demand at the moment saying that he would give him the aforesaid articles and cash at the time of marriage of his son Bijay. 3. It so happened that in the night intervening between the 9th and the 10th August, 1988 the deceased embraced unnatural death. In the next morning at about 9.00 a.m. the appellant Ram Chandra Sao went to the informant and said to him that his daughter Meena Devi was dead and making this statement he soon left for his house. The informant (P.W. 1) along with his wife Urrmila Devi (P.W. 4) and son Bijay rushed to Gumti Road, Warsaliganj where they found Meena Devi lying dead with burn injuries on her body. RW. 1 asserted that Meena Devi had been killed and set on fire by her in-laws as she could not satisfy their lust for money and other materialistic objects. 4. RW. 1 asserted that Meena Devi had been killed and set on fire by her in-laws as she could not satisfy their lust for money and other materialistic objects. 4. The informant then went to Warsaliganj Police Station and submitted a written report on the basis of which Warsaliganj P.S. Case No. 76 of 1988 was registered against Shambhu Kumar, Ram Chandra Sao, Shanti Devi and Bengali Sao, the husband, the father-in-law, the mother-in-law and the grand father-in-law respectively of the deceased. Investigation was taken up by Abdul Matin Ahmad Khan (P.W. 10) and after completion thereof the charge-sheet was submitted against the aforesaid accused as well as Binya Devi, wife of Bengali Sao, Sato Sao, Shaligram Sao and Anita Kumari, the two sons and the daughter respectively of Ram Chandra Sao Under Secs. 304-B and 498-A of the Indian Penal Code (hereinafter to be referred to as the Code). 5. The defence as gathered from the trend of cross-examination of the prosecution witnesses was of total denial and false implication. It was pleaded that the deceased actually caught fire accidentally on account of bursting of stove while she was cooking thereon. The accused entered into defence and examined two witnesses namely. Chandrika Prasad (D.W. 1). a formal witness and Bengali Sao (D.W. 2) the accused. 6. In order to bring home the charges levelled against the accused persons the prosecution examined Bhagwan Das (P.W. 2), Krishna Kumar (P.W. 6). Ram Chandra Ram (P.W. 7), Moti Lal Sahu (P.W. 8), Om Prakash Gupta (P.W. 9), a tendered witness, all of Warsaliganj, Gopal Chandra Mishra, Sub-Inspector of Police (P.W. 5), who merely submitted charge-sheet and Dr. Ramanand Prasad Singh (P.W. 3) who conducted autopsy on the dead body of the deceased besides the informant, Anandi Prasad (P.W. 1), his wife Urmila Devi (P.W. 4) and Abdul Matin Ahmad Khan, Investigating Officer (P.W. 10) referred to above. 7. The Trial Court has upon meticulous examination of the evidence brought on records convicted the accused Shambhu Kumar, Ram Chandra Sao, Bengali Sao and Shanti Devi Under Secs. 304-B and 498-A of the Code and sentenced them to undergo rigorous imprisonment for life under first count and rigorous imprisonment for three years under the second count, acquitting the accused Shaligram Sao, Sato Sao, Binya Devi and Anita Kumari. 8. 304-B and 498-A of the Code and sentenced them to undergo rigorous imprisonment for life under first count and rigorous imprisonment for three years under the second count, acquitting the accused Shaligram Sao, Sato Sao, Binya Devi and Anita Kumari. 8. Aggrieved by the judgment and order of conviction and sentence the appellants Bengali Sao and Shanti Devi preferred Cr. Appeal No. 314 of 1996 and the appellants Ram Chandra Sao and Shambhu Kumar filed Cr. Appeal No. 198 of 1996. As both the appeals arose but of one and the same judgment and order they were heard together and they are going to be disposed of by this common judgment. 9. Mr. Gauri Shankar Prasad, learned Advocate appearing for the appellants has vehemently contended that the deceased Meena Devi died accidental death as she while cooking caught fire on account of bursting of stove and the doctor conducting autopsy could not ascertain the cause of death saying that burn injuries found on the person of the deceased were postmortem in nature and the appellants have been implicated on the basis of mere suspicion and their conviction and sentence based on evidence of interested witnesses, that is, P.W. 1 Anandi Prasad and his wife Urmila Devi (P.W. 4) after independent witnesses turning hostile cannot be sustained. 10. Resisting the contention put forward on behalf of the appellants Mr. Kailash Bihari Prasad, learned Counsel appearing on behalf of the State has urged that the deceased died unnatural death within seven years of her marriage and prior to that she was subjected to cruelty and harassment in connection with dowry demand and all the ingredients of Secs. 304-B and 498-A of the Code thus stand satisfied and fulfilled and hence conviction of the appellants warrants no interference by this Court. 11. Though the evidence of the witnesses has been spelt out in the judgment of the Court below it would be relevant and convenient to refer to the same, in brief, here for appreciation and appraisal of rival contentions put forward at the bar. 11. Though the evidence of the witnesses has been spelt out in the judgment of the Court below it would be relevant and convenient to refer to the same, in brief, here for appreciation and appraisal of rival contentions put forward at the bar. The informant Anandi Prasad (P.W. 1) and Urmila Devi {P.W. 4) who are the father and the mother respectively of the deceased have consistently stated that their daughter Meena Devi was married to the appellant Shambhu Kumar in 1983 and one and a half years later her Gauna was performed and soon after her arrival in her matrimonial home her in-laws, that is, the appellants started subjecting her to cruelty and harassment to pressurise her to fetch Scooter, television and cash worth Rs. 25,000.00 as part of dowry from her parents. It is also in their evidence that the appellant Shambhu Kumar along with his wife Meena Devi visited their house on 25.7.1988 and he asked them to give him scooter, television and cash referred to above, failing which they will never see their daughter. P.W. 1 told him that he had no money at the moment and he would supply demand for dowry on the eve of marriage of his son Bijay. The statement of PW 1 on this point stands corroborated by P.W. 4. Assurance given by P.W. 1 did not satisfy the appellants. On 10. 7.1988 at about. 9. 00 a.m. the appellant Ram Chadra Sao went to the house of P.W. 1 and he informed him that his daughter died and thereafter P.W. 1 and PW 4 along with their son rushed to the matrimonial house of their daughter situated at Gumti Road, Warsaliganj where they found her lying dead with burns on her person. The witnesses asserted that their daughter Meena Devi was killed, by the appellants as their illegal demand for dowry was not fulfilled and supplied. P.W. 2 Shri Bhagwan Sao of Warsaliganj has stated that he heard in the next morning that the deceased died of burning and in the night he heard no sound of cry or shrieking nor did he hear sound of weeping coming from the house of the appellants. A critical scrutiny of the evidence of the aforesaid witnesses would reveal that there is hardly anything in their cross-examination which may cast a doubt on their testimony. A critical scrutiny of the evidence of the aforesaid witnesses would reveal that there is hardly anything in their cross-examination which may cast a doubt on their testimony. Their credibility has remained unimpeached and the same must be accepted and acted upon. 12. Krishna Kumar (P.W. 6) and Ram Chandra Sao (P.W. 7) of Warsaliganj merely stated that they heard that she died of burning although in course of investigation they had said that her in-laws killed her by setting her on fire as she could not fetch dowry to their satisfaction. Evidence of P. Ws. 2, 6 and 7 belonging to the village of the appellants would at least support the factum of unnatural death of the deceased. 13. P.W. 10 Abdul Matin Ahmad Khan investigated into the case. He inspected the place of occurrence which is the house of the appellants situated at Gumti Road, Warsaliganj. He gave a vivid description of the same. He found the dead body of the deceased lying on the roof of the house on which also situated three rooms on western side. The deceased was said to be residing in the middle room. There was also a bed in the room. P.W. 10 found certain stains of kerosene oil on the roof. Burnt clothes of the deceased were lying there. They were seized and seizure list prepared in presence of witnesses by P.W. 10. He recorded the statements of the witnesses. In his cross-examination he stated that burn injuries were found on the front portion of legs, chest and face and the back portion thereof did not appear to have burn injuries. 14. Dr. Ramanand Prasad Singh (P.W. 3) conducted autopsy on the dead body of the deceased at 4.30 p.m. on 10.8.1988. He found whole body excepting both feet and soles, face and skull burnt. Line of redness was found to be absent. Few false vesications were present over left leg and right forearm. On dissection brain with all meninges was found conjested and intact and lungs and pleuarae intact and conjested. Heart was intact and both chambers were full of blood clots. Liver, spleen and kidneys were found intact and conjested. Stomach contained four ounces of semi digested rice and pulse. The doctor said that the cause of death could not be ascertained as the burn injuries were postmortem in nature. Heart was intact and both chambers were full of blood clots. Liver, spleen and kidneys were found intact and conjested. Stomach contained four ounces of semi digested rice and pulse. The doctor said that the cause of death could not be ascertained as the burn injuries were postmortem in nature. The time elapsed since death was said to be within 6-36 hours. 15. In his cross-examination, the doctor stated that as line of redness was absent and few false vesications were present over the leg and right forearm he opined that the burn injuries were postmortem and not ante mortem in nature. 16. According to Modis Medical Jurisprudence and Toxicology in the case of a burn caused during life, a line of redness involving the whole true skin is formed around the injured part and it is a permanent line, persisting even after death. The line of redness separates living from dead tissue, and is often present in burns caused during life, though it takes some time to appear. It is, however, possible that it may be absent in the case of a person of a very weak constitution who dies immediately from shock due to burns. 17. In the instant case line of redness was absent and few false vesications were present over leg and light forearm. The doctor in his cross-examination has stated that there may or may not be vesications at all if burn injuries were caused on a dead person and false vesications can be created by burning a dead body. Though the doctor could not ascertain the cause of death, from his evidence it would transpire that the deceased died before burns were caused on her body and as a natural corollary it is to be inferred that she died homicidal or suicidal death and thereafter her body was attempted to be burnt. It may be clarified that any sort of unnatural death including that of suicide committed on account of cruelty and harassment-due to demand for dowry shall, come within the purview of sec. 304-B. 18. It may be clarified that any sort of unnatural death including that of suicide committed on account of cruelty and harassment-due to demand for dowry shall, come within the purview of sec. 304-B. 18. The law provides that where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances and soon before her death she was subjected to cruelty and harassment by her husband or his relative for or in connection with any demand for dowry such death shall be punishable u/s. 304-B of the Code. In order to seek a conviction of person for the offence of dowry death the prosecution is required to prove that the death of a woman was caused by burn or bodily injury or had occurred otherwise than under normal circumstances; that such death occurred within seven years of her marriage, that the deceased was subjected to cruelty and harassment by her husband or by any relative of her husband; that such cruelty and harassment was meted out to the deceased in connection with dowry demand and that the deceased was subjected to such cruelty and harassment soon before her death. 19. After the aforesaid circumstances are established, a presumption Under Sec. 113-B of the Indian Evidence Act would be drawn against the accused. 20. In the case at hand, the deceased was married to the appellant Shambhu Kumar in the year 1983. She died while she was living in her matrimonial home with the appellants in the night intervening between the 9th and the 10th August, 1988, that is well within seven years of her marriage. From the evidence of PW 1 and PW 4 it would be crystal clear that the appellants subjected her to cruelty and harassment to pressurise her to fetch scooter, television and cash worth Rs. 25,000.00 as part of dowry from her parents and their illegal demand was never fulfilled and supplied. From their evidence it would also transpire that about a fortnight prior to her death her husband on 25.7.1988 went to P.W. 1 and asked him to supply his demand and on inability being expressed by his father-in-law he threatened him saying that he would never see his daughter. Obviously, the deceased was subjected to cruelty and ill-treatment for dowry and the process continued till her death. Obviously, the deceased was subjected to cruelty and ill-treatment for dowry and the process continued till her death. Even if as per medical evidence, the deceased did not die of burn injuries which were said to be postmortem in nature, the materials on record abundantly established that the death of the deceased occurred otherwise than under normal circumstances and this finding regarding unnatural death of the deceased would suffice our intended probe for arriving at a conclusion in regard to the guilt or otherwise of the appellants. All the ingredients of sec. 304-B of the Code thus stand satisfied and fulfilled and hence there would also be presumption against the appellants u/s. 113-B of the Indian Evidence Act. 21. The contention put forward by Mr. Gauri Shankar Prasad, learned Counsel that the deceased died of accidental fire caught by her while cooking on account of bursting of stove seems to be devoid of merit and force and the same cannot be accepted. The Investigating Officer (P.W. 10) in course of inspection of the place of occurrence did not find any stove or utensils or sign of bursting of stove rather he found traces of kerosene oil at the place of occurrence. The objective findings of the Investigating Officer corroborates unnatural death of the deceased. Abnormal circumstances under which the deceased died could not be explained by the appellants. The appellants have by putting suggestion to prosecution witnesses and through evidence of D.W. 2 Bengali Sao have tried to probabilise their defence by taking a plea that while the deceased caught fire accidentally the appellant Shanti Devi tried to save her by extinguishing fire and in the process she also sustained burn injuries. But the crux of the matter is that not even a single check of paper has been brought on records to show that she had really sustained burns in a bid to save her daughter-in-law. Besides the appellant Shanti Devi would have been the most competent witness on this point but she could not come forward to appear in the witness box to testify that she sustained burn injuries even though certain defence witnesses were examined. Besides none of the appellants in their statement Under Section 113, Cr. Besides the appellant Shanti Devi would have been the most competent witness on this point but she could not come forward to appear in the witness box to testify that she sustained burn injuries even though certain defence witnesses were examined. Besides none of the appellants in their statement Under Section 113, Cr. P.C. spoke of the deceased catching fire resulting in her death on account of bursting of stove and the appellant Shanti Devi sustaining burn injuries while she attempted to extinguish fire to save her daughter-in-law. D. W. 2 Bengali Sao also appears to have set up a defence that he had been living separate from the other appellants for two years prior to the incident. He did not speak of his separation in his statement u/s. 313, Cr.P.C. His plea that he had been living separate from other appellants is not tenable and acceptable. 22. Learned Counsel for the appellants could not persuade us to accept the case of the defence that the deceased died of accidental fire. The pre-ponderance of evidence available on records considered together with ingredients of Section 304-B of the Code and presumption arising u/s. 113-B of the Indian Evidence Act must give rise to the inevitable and irresistible conclusion that the deceased died unnatural death in custody of the appellants within seven years of her marriage and soon before her death she was subjected to cruelty and harassment in connection with dowry demand. The appellants are obviously, liable Under Secs. 304-B of the Code. The materials on records do justify the view taken by the Trial Court and the same cannot and ought not to be interfered with. However, when there is a conviction u/s. 304-B of the Code, further conviction u/s. 498-A of the Code becomes redundant. 23. Though the Legislature has by amending the Penal Code and the Evidence Act made penal law more strident for dealing with and punishing offences against married women on the analogy that such strident laws would have a deterrent effect on the offenders only if they are stringently implemented, taking the facts and circumstances of the case into account it sees that the ends of justice would be served if the appellants are sentenced to undergo rigorous imprisonment for 10 years instead of life imprisonment u/s. 304-B of the Code. The appellants are, accordingly, sentenced to undergo rigorous imprisonment for 10 years each u/s. 304-B of the Code. In view of the observation made in the preceding paragraph that conviction u/s. 498-A of the Code is redundant, conviction and sentence of the appellants thereunder are set aside. 24. With the aforesaid modification in conviction and sentence both the appeals are dismissed. The appellant Shambhu Kumar @ Shambhu Sao is in jail custody. He shall serve out the remainder of sentence The appellants Ram Chandra Sao, Bengali Sao and Shanti Devi are on bail. Let them be directed to surrender themselves in the Court below within one month to serve out sentence, failing which the Court shall take coercive measures for procuring their surrender.